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AGENDA
THURSDAY, JANUARY 3, 2013
REGULAR CITY COUNCIL MEETING
COUNCIL CHAMBERS - CITY HALL



  1. CALL TO ORDER 

  2. ROLL CALL 

  3. PLEDGE OF ALLEGIANCE 

  4. COMMUNICATIONS – CITIZENS 

  5. CONSENT AGENDA

    The following items are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council Member so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda.

    * Items 6A Approval of City Council Minutes 

    A. December 20, 2012 City Council Minutes


    * Items 8A-D - Petitions and Communications 

    A. Request for renewal of a Class “B” Wine Permit, Class “C” Beer Permit and Sunday Sales for Hy-Vee Gas, 2600 2nd Avenue – Hy-Vee, Inc. (pending inspections)

    B. Request for a new Class “B” Wine Permit, Class “C” Beer Permit and Sunday Sales for GM Food Mart, 2881 Highway 61 – Nanak Express LLC (pending inspections)

    C. Request for a new Class “C” Liquor License and Sunday Sales for Palms Theatre, Muscatine, 3611 Palms Drive – RL Fridley Theatres Inc. (pending inspections and insurance)

    D. Request for new Cigarette License for GM Food Mart, 2881 Hwy. 61 – Nanak Express LLC


    * Items 12A-F - Communications Receive and File 

    A. Muscatine County Board of Supervisors – December 10, 2012

    B. MP&W Communications Utility – November 2012

    C. MP&W Electric Utility – November 2012

    D.MP&W Water Utility – November 2012

    E. NFPA Survey – October and November 2012

    F. City of Muscatine Financial Reports – November 2012


    * Bills*

    * Approval of attached Bills for Approval totaling $1,177,815.34 is subject to the approval of any related agenda item(s). 

  6. MINUTES – APPROVAL 

  7. PUBLIC HEARING 

    1. Proposed Annexation to and Within the City of Muscatine (eastern portion of Ripley’s Mobile Home Park)

      This public hearing concerns the proposed annexation to and within the City of Muscatine (eastern portion of Ripley’s Mobile Home Park). The city has entered into an agreement with Ripley’s Development Inc. to extend sanitary gravity sewer from Park Avenue West to Ripley’s Mobile Home Park. This agreement also included a voluntary annexation agreement covering the mobile home park. The proposed voluntary annexation area is split into a western portion and an eastern portion by the existing boundaries of the City of Muscatine. The Planning & Zoning Commission recommends the approval of this voluntary annexation. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    2. Proposed Annexation to and Within the City of Muscatine (western portion)

      This public hearing concerns the proposed annexation to and within the City of Muscatine (western portion). The city has entered into an agreement with Ripley’s Development Inc. to extend sanitary gravity sewer from Park Avenue West to Ripley’s Mobile Home Park. This agreement also included a voluntary annexation agreement covering the mobile home park. The proposed voluntary annexation area is split into a western portion and an eastern portion by the existing boundaries of the City of Muscatine. The Planning & Zoning Commission recommends the approval of this voluntary annexation. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

    3. Proposed Submission of a Community Development Block Grant Application for Downtown Revitalization in the City of Muscatine 

      This public hearing concerns the proposed submission of a Community Development Block Grant application for downtown revitalization in the City of Muscatine. The Iowa Economic Development Authority has opened its application window for its CDBG Downtown Revitalization Program. Successful applications from communities the size of Muscatine could be awarded up to $500,000 for building façade improvements and other downtown revitalization projects. To qualify for the program, applications must meet one of several national objectives. The Muscatine Community Development staff has identified the slum or blight national objective as the best suited for an application from the city. Prior to the submission of the application, a public hearing is required.

      Now is the time for the public to comment. 

    4. Proposed West Hill Area Sanitary and Storm Sewer Separation Project – Phase II

      This public hearing concerns the proposed West Hill Area Sanitary and Storm Sewer Separation Project – Phase II. The design for the second phase of this project has been completed and the anticipated bid opening date is January 31, 2013. Work includes approximately 2,500’ of new sanitary sewer on 6th, Spruce, and Locust streets, 1,400’ of storm sewer on Linn, 6th, and Locust streets, 1,500’ of sanitary sewer and another 1,500’ of future storm sewer within the ravine fill site. The separation work will also include new inlets and piping, four junction structures, pavement replacement as needed with full width pavement replacement on 6th, Linn, Spruce, and Locust streets. Grading and filling the ravine fill site at the west end of 6th Street will also be done. Prior to any formal action by City Council, a public hearing is required.

      Now is the time for the public to comment. 

  8. PETITIONS AND COMMUNICATIONS 

  9. FROM THE MAYOR 

  10. FROM THE PLANNING AND ZONING COMMISSION 

  11. FROM THE CITY ADMINISTRATOR 

    1. Resolution Approving the Annexation to and Within the City of Muscatine (eastern portion of Ripley’s Mobile Home Park) 

      Is there a motion to adopt the resolution approving the annexation to and within the City of Muscatine (eastern portion of Ripley’s Mobile Home Park)? 

    2. Resolution Approving the Annexation to and Within the City of Muscatine (western portion) 

      Is there a motion to adopt the resolution approving the annexation to and within the City of Muscatine (western portion)? 

    3. Final Reading of an Ordinance Rezoning Property Located at 2875 Highway 61 – Mills Marine 

      Presented for City Council’s consideration is the final reading of an ordinance rezoning property located at 2875 Highway 61. A request has been received from Community Bank on behalf of Mills Marine LLC for the rezoning of two adjoining parcels totaling approximately 18 acres located at the above address from Muscatine County C-1 to C-1 Neighborhood and General Commercial. There is a signed annexation agreement for these parcels, and this rezoning would run concurrently with the completion of the annexation process.

      Is there a motion to adopt the final reading of the ordinance as submitted and to direct for its publication as required by law?

    4. Final Reading of an Ordinance Rezoning Property Owned by Ripley’s Development Corporation 

      Presented for City Council’s consideration is the final reading of an ordinance rezoning property owned by Ripley’s Development Corporation. The corporation is the deed holder of nine parcels totaling 131.8 acres of land along U.S. 61 upon which Ripley’s Mobile Home Park is located. An agreement has been signed by the corporation to voluntarily annex these parcels into the City of Muscatine. It is being requested that these parcels be rezoned from Muscatine County M-2, A-1, and R-1 to an R-4 Residential District. This rezoning will run concurrently with the annexation of these parcels.

      Is there a motion to adopt the final reading of the ordinance as submitted and to direct for its publication as required by law?

    5. Resolution Approving the Plans, Specifications, Form of Contract, Cost Estimate and Setting Bid Opening Date for the West Hill Area Sanitary and Storm Sewer Separation Project – Phase II 

      Presented for City Council’s consideration is a resolution approving the plans, specifications, form of contract, cost estimate and setting the bid opening date for the West Hill Area Sanitary and Storm Sewer Separation Project – Phase II. The design for the second phase of this project has been completed and the anticipated bid opening date is January 31, 2013. Work includes approximately 2,500’ of new sanitary sewer on 6th, Spruce, and Locust streets, 1,400’ of storm sewer on Linn, 6th, and Locust streets, 1,500’ of sanitary sewer and another 1,500’ of future storm sewer within the ravine fill site. The separation work will also include new inlets and piping, four junction structures, pavement replacement as needed with full width pavement replacement on 6th, Linn, Spruce, and Locust streets. Grading and filling the ravine fill site at the west end of 6th Street will also be done.

      Is there a motion to adopt the resolution as submitted? 

    6. Resolution Accepting Completed Work for the Cedar Street Culvert Extensions Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for the Cedar Street Culvert Extensions Project and accepting completed work. In August 2011 the city entered into an agreement with Sulzberger Excavating for this project in the amount of $544,652.40. All work has been completed. With two change orders totaling $8,090.50 and a deduction of $2,667.37 for remaining bid item adjustments, the final contract amount is $550,075.53. It is staff’s recommendation that the resolution be adopted accepting the completed work for the project and authorizing final payment to the contractor.

      Is there a motion to adopt the resolution as submitted? 

    7. Resolution Accepting Completed Work for the Cedar Street Clearing Project and Authorizing Final Payment 

      Presented for City Council’s consideration is a resolution accepting completed work for the Cedar Street Clearing Project and authorizing final payment. In March 2012 the city entered into an agreement with Sulzberger Excavating for this project in the amount of $24,596.25. All work has been completed. A bid item quantity adjustment resulted in an increase of $890.91 for a final contract amount of $25,487.16. It is staff’s recommendation the resolution be adopted accepting the completed work and authorizing final payment to the contractor.

      Is there a motion to adopt the resolution as submitted? 

    8. Resolution Accepting Completed Work for the Mulberry and Palms Drive Infrastructure Installed as Part of the Fridley Theatre Project Subject to Receipt of Performance and Maintenance Bond 

      Presented for City Council’s consideration is a resolution accepting completed work for the Mulberry and Palms Drive infrastructure installed as part of the Fridley Theatre Project subject to the receipt of the performance and maintenance bond. As part of the infrastructure for the Fridley Theatre Project, pavement reconstruction on Mulberry Avenue took place and Palms Drive was constructed. Construction of all public infrastructure was found to be in substantial accordance to the plans and specifications and has met the necessary testing requirements. It is staff’s recommendation the completed work be accepted subject to the receipt of the performance and maintenance bond.

      Is there a motion to adopt the resolution as submitted? 

    9. Resolution Approving the Official Pay Plan for Non-Union Employees as It Pertains to the Fire Department Restructuring 

      Presented for City Council’s consideration is a resolution approving the official pay plan for non-union employees as it pertains to the Fire Department restructuring. The non-union pay plan will be revised to create the classification of Assistant Fire Chief effective January 6, 2013. This position will be placed in pay grade 9. The pay plan will also be revised to change the current classification of Assistant Fire Chief to Battalion Chief effective January 6, 2013. This position will remain at pay grade 8.

      Is there a motion to adopt the resolution as submitted? 

    10. Resolution Setting a Public Hearing on a Loan Agreement in Principal Amount Not to Exceed $1,200,000 

      Presented for City Council’s consideration is a resolution setting a public hearing on a loan agreement in an amount not to exceed $1,200,000. The city’s financial consultant has analyzed and proposed a refunding of the final three years of the city’s June 1, 2006 general obligation bond issue. It is projected the city will realize an interest savings estimated at $50,920 over the three years after taking into consideration the refunding bond issuance costs. This matter was discussed at Council’s December In-Depth meeting. Prior to any formal action by City Council, a public hearing is required. This hearing will take place on Thursday, January 17, 2013, at 7 p.m.

      Is there a motion to adopt the resolution as submitted? 

    11. Request to Approve Change Order #9 for the Water Pollution Control Plant Improvements Project, the Pay Estimate, and the Reduction in Retainage 

      Presented for City Council’s consideration is a request to approve Change Order #9 for the Water Pollution Control Plant Improvements Project, the pay estimate, and the reduction in retainage. The payment estimate in the amount of $162,964 includes the following:

      • Payment for the work completed since the last payment application.
      • Payment for Change Order #9 in the amount of $21,875 (does not include arc flash study).
      • Reduction of the retainage to $90,000.
      • Reduction of $33,275 for retainage paid by the city to Hutcheson Engineering Products in conjunction with ordering the new effluent pumps.

      Is there a motion to approve the request as submitted? 

    12. Request to Issue Purchase Order for Carpet for the Stanley Gallery at the Muscatine Art Center 

      Presented for City Council’s consideration is a request to issue a purchase order for carpet for the Stanley Gallery at the Muscatine Art Center. Three bids were received with the low bid from CarpetLand in the amount of $16,810 which includes installation. There is $21,000 budgeted for this project.

      Is there a motion to approve the request as submitted? 

    13. Request to Approve Non-Alcohol Beverage Agreement for the Golf Course 

      Presented for City Council’s consideration is a request to approve a non-alcohol beverage agreement for the Golf Course. The current five year agreement expires on February 28, 2013. Two vendors responded to the Request for Proposals with the recommended cost factor from Coca Cola Refreshments in the amount of $12,466.88. The “Cost Factor” demonstrates the Coca Cola Refreshments proposal is projected to cost $3,377.87 less annually and $16,889.35 less over the five year proposed agreement period. It is staff’s recommendation that City Council approve a five year agreement with Coca Cola Refreshments for non-alcohol beverages at the golf course.

      Is there a motion to approve the request as submitted? 

    14. Request to Approve Lease Agreement with the Iowa Department of Transportation 

      Presented for City Council’s consideration is a request to approve a lease agreement with the Iowa Department of Transportation for the Mark Twain Overlook. The Overlook area is owned by the IDOT and has been leased to the city since 1978 for maintenance care and recreational usage. The five year lease expired on July 1, 2012. It is staff’s recommendation the city enter into a lease with the IDOT for the Mark Twain Overlook for an additional five years through July 1, 2017.

      Is there a motion to approve the request as submitted? 

  12. COMMUNICATIONS - RECEIVE AND FILE 

  13. APPROVAL OF BILLS 

    It is recommended bills totaling $1,177,815.34 be approved and that the City Council authorize the Mayor and City Clerk to issue warrants for the same. It should be noted that this listing is subject to the approval of any related agenda item(s). 

  14. COMMUNICATIONS - COUNCIL MEMBERS 

  15. OTHER BUSINESS 

  16. ADJOURNMENT